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To provide outstanding service and expertise for our customers, which include faculty, staff, graduate and teaching assistants, student assistants, federal college work study students, prospective employees and retirees.

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Binghamton University Policy Regarding Harassment

Members of the Binghamton University community have the right to participate in all
that the campus offers without being subjected to physical violence, threats, intimidation,
or damage to personal property, or any other form of harassing behavior.

Binghamton University is committed to creating a safe and supportive learning environment,
to becoming a more inclusive community, and to fulfilling its obligations under federal
and state laws, regulations, and executive orders. Essential to these objectives is
the maintenance of an environment in which individual dignity is respected, the richness
of human diversity is welcomed, and harassment is not tolerated.

Accordingly, it is the policy of Binghamton University to prohibit harassment and
to investigate allegations of such behavior promptly and thoroughly. This policy applies
to students, faculty, staff, employees of the Research Foundation, contractors, vendors,
and visitors to the campus.

A) What is Harassment?

i) General Description

Harassment is generally understood to occur when the conduct of an individual or group
of individuals has the intent or effect of unreasonably interfering with an individual's
or group of individual's educational or work environment, or that creates an intimidating,
hostile, or offensive environment. Some forms of harassment are prohibited by law.
Understanding harassment begins with recognizing that there is no simple definition
of the term, and that there is no finite list of behaviors that covers all potential
forms of harassment. Rather, the circumstances of each case will determine whether
specific conduct amounts to harassment.

Moreover, while the range of behaviors which may constitute harassment is broad, so
is the range of speech protected by the First Amendment, and this is discussed in
more depth in section "B" of this document. Finding the balance between harassment
and protected speech can be challenging.

ii) Harassment Based on Protected Class.

The Equal Employment Opportunity Commission (EEOC) describes harassment based on protected
class (including sexual harassment) as offensive conduct that is so severe, pervasive,
or objectively offensive that it creates an unreasonable and substantial interference
with the ability of members of a protected class to participate in the academic or
employment setting. As with other forms of harassment, an individualized assessment
of the circumstances in which the conduct occurred is essential to a final determination.

iii) Criminal Harassment

Harassment may also take the form of criminal behavior. As with any kind of harassment,
the range of behavior that may constitute criminal harassment is broad. The New York
State Penal Code, defines criminal harassment as conduct intended to harass, annoy,
threaten, or alarm another person.

B) Harassment and First Amendment Considerations

The concepts of academic freedom and an open exchange of ideas are essential to the
mission of any educational institution. Binghamton University is committed to these
ideals, and as a public institution, is legally obligated to protect its members'
First Amendment right of freedom of expression.

Respect for this right requires that members of the University tolerate the expression
of views that are contrary to their own, and recognize that the expression of ideas
that are intolerant, bigoted, or deeply offensive are entitled to First Amendment
protection. Equally important, however, is the understanding that free expression
carries with it the responsibility of civility and respect for others. The University
views conduct intended to disparage or demean others as contrary to the pursuit of
knowledge and rational discourse.

So called "speech codes" have been deemed unconstitutional by the courts. Therefore,
while Binghamton University does not condone incivility within the campus community,
it has not adopted a policy to prohibit offensive speech. Moreover, Binghamton has
a proud history of inviting and encouraging the expression of diverse views.

C) Reporting Procedures

Individuals who feel they have been harassed are advised to seek guidance and information
from one of the offices listed in section "E" of this policy before taking direct
action on their own. Doing so does not oblige anyone to file a formal complaint. The
University strongly encourages anyone who has information regarding an incident of
harassment involving violence or the threat of violence, to report it immediately
to the University Police. While in some cases, reports of harassment may be resolved
through informal means, some circumstances call for the use of formal complaint procedures.
Both options are outlined below:

i) Informal Complaint Resolution

Informal complaint resolution is intended to stop the behavior in question and to
rectify the situation immediately rather than to determine culpability or intent.
For advice in addressing harassment through informal means, inquiries may be directed
to any of the offices listed in section "E" of this policy. In addition, the offices
of the Employee Assistance Program (EAP), the University Counseling Center, and the
University Ombudsman, routinely provide strictly confidential advice on a variety
of sensitive topics.

ii) Formal Complaint Resolution

Formal complaint procedures, a more official route of intervention usually requiring
a signed statement, are available through a number of campus departments. Departments
from across campus often work together to address harassment. However, given that
certain types of situations inevitably involve a particular campus department, the
University recommends that complaints be addressed as follows:

Formal Complaint Procedures:

Harassment occurring in residential areas - Appropriate resident/community director
or other professional residential life staff

Harassment involving the conduct of an employee - Associate Vice President for Human
Resources or appropriate supervisory personnel

Harassment or discrimination based on protected class - Division of Diversity, Equity
and Inclusion

Any incident of harassment may be reported to the University Police. The University
especially encourages the immediate reporting of any incident involving violence or
the threat of violence. Any incident may be discussed informally and in the strictest
confidence with the University Ombudsman, and at the University Counseling Center
or Employee Assistance Program.

D) Prohibition of Retaliation

Retaliation against any person who reports harassment, or who testifies, assists,
or participates in an investigation, proceeding, or hearing relating to such a report,
is strictly prohibited. False reports knowingly made in bad faith are also prohibited.
Violation of the University's policy on harassment policy will subject the offender
to the full range of penalties available, including criminal adjudication and separation
from the University. In addition, certain types of harassment are criminal offenses
and carry enhanced penalties under state and federal laws

E) Campus Resources

Residential Life OfficeTU-213777-2321

Dean of Students OfficeUUW-204777-2804

University Counseling CenterOO-264777-2772

New York State University Police AD-G35777-2393 (non-emergency)911 (emergency)

Our Mission

To provide outstanding service and expertise for our customers, which include faculty, staff, graduate and teaching assistants, student assistants, federal college work study students, prospective employees and retirees.

Are you retiring soon? HR welcomes you to review the "Preparing for Retirement Checklist" to guide you through the steps required, with help from Employee Benefits, for a smooth transition into retirement (new)!